The business skills visa class of Australia’s migration programme encourages successful business people to settle permanently in Australia and develop new or existing businesses.

Business owners, senior executives and investors can apply for a visa under the business skills category.

On 1 March 2003 a new two-stage process was introduced. Business migrants are granted a business skills (provisional) visa for four years and, after establishing the requisite level of business or maintaining their eligible investment, are eligible to make an application for permanent residence.

An option for permanent residence is still available for high-calibre business migrants sponsored by state/territory governments. This is known as the business talent visa.

The Business Skills Programme is divided into four categories:

• business owner: for owners or part-owners of a business
• senior executive: for senior executive employees of major businesses
• investor: for investors/business people willing to invest in Australia
• business talent: for high-calibre business people who have sponsorship from a state/territory government.

In addition, the Business Skills Programme also has two categories for persons who are in Australia on temporary visas, other than the business skills (provisional) visa:

• established business in Australia (EBA): for people temporarily in Australia who are owners or part-owners of a business; and
• regional established business in Australia (REBA): for people temporarily in Australia who are owners or part-owners of a business in a designated area of Australia.

STATE/TERRITORY GOVERNMENTS

If an Australian State or Territory government business agency wants to attract a particular business or business person to Australia, it can offer to sponsor the applicant.

You may obtain sponsorship in the business owner, senior executive and investor categories.

You must obtain sponsorship in the business talent and regional established business in Australia (REBA) categories.

If the applicant obtains State or Territory government sponsorship, they are entitled to be considered against a lower threshold criteria.

State and Territory governments have their own criteria for deciding whom they will sponsor. The State or Territory government business development agency can provide information on sponsorship, which can be obtained by visiting their website as follows:

• Australian Capital Territory – Office of Multicultural Affairs
• New South Wales – Business Migrant Information and Referral Service
• Northern Territory – Department of Industries and
• Business Queensland – Business Migration
• South Australia – Business and Skilled Migration
• Tasmania – Trade, Marketing and Major Events
• Victoria – Business Migration, Industry Victoria
• Western Australia – Small Business Development Corporation.

BUSINESS OWNER

You must first apply for a business owner (provisional) visa. If you are successful, you will be granted a visa for a period of four years.

Providing you have successfully operated a business in Australia for at least two years and you continue to hold a valid business skills (provisional) visa, you will be eligible to apply for a permanent business owner (residence) visa (permanent residence). You must apply in Australia.

If an applicant has sponsorship from a State or Territory government and applies under the State/Territory sponsored business owner (provisional) or (residence) visa, they are considered against lower threshold criteria.

Provisional visa

To make an application for the business owner (provisional) visa, business owners will need to show that they:

If unsponsored

• have an overall successful business career
• have an ownership interest of at least 10% in a business
• have significant net assets in business
• have significant business and personal assets
• have sufficient net assets to settle in Australia
• have achieved a significant annual turnover in their business
• have a direct and continuous management role in overseas business
• have a commitment to maintain an ownership interest in a business in Australia and direct and continuous involvement in management of that business
• have no history of unacceptable business activities
• are less than 45 years old
• have vocational English.

If sponsored

• are sponsored by a State or Territory government
• have an overall successful business career
• have significant business and personal assets
• have achieved a significant annual turnover in their business or have a continuous employment record at senior level for at least four years
• have sufficient net assets to settle in Australia
• have a direct and continuous management role in overseas business
• have a commitment to maintain an ownership interest in a business in Australia and direct and continuous involvement in management of that business
• have no history of unacceptable business activities
• are less than 55 years old unless exceptional circumstances exist.

Residence visa

To make an application for the business owner (residence) visa, business owners will need to show that they:

If unsponsored

• hold any of the business skills (provisional) visas
• have had an ownership interest in one or more actively operating main business(es) for at least two years
• are involved in strategic management of the business(es)
• employ at least two Australian citizen or permanent resident employees who are not family members
• have substantial business and personal assets
• have substantial net assets in business
• have achieved a significant annual turnover in their business
• have no history of unacceptable business activities
• have been in Australia as the holder of a qualifying visa for at least one year in the last two years.

If sponsored

• are sponsored by a State or Territory government
• hold any of the business skills (provisional) visas or a temporary business (long stay) independent executive visa
• have had an ownership interest in one or more actively operating main business(es) for at least two years
• are involved in strategic management of the business
• have substantial net assets in the business or have substantial net business and personal assets or employ at least one Australian citizen or permanent resident employee who is not a family member (you must meet two out of these three points unless you are able to provide a waiver from the sponsoring State/Territory)
• have achieved a significant annual turnover in their business
• have no history of unacceptable business activities
• have been in Australia as the holder of a qualifying visa for at least one year in the last two years.

SENIOR EXECUTIVE

To make an application for the senior executive (provisional) visa, senior executives will need to show that they:

If unsponsored

• have an overall successful business career
• are employed in one of the top three levels of management of a major business
• have significant business and personal assets
• have sufficient net assets to settle in Australia
• have a commitment to maintain an ownership interest in a business in Australia and direct and continuous involvement in management of that business
• have no history of unacceptable business activities
• are less than 45 years old
• have vocational English.

If sponsored

• are sponsored by a State or Territory government
• have an overall successful business career
• are employed in one of the top three levels of management of a major business
• have significant business and personal assets
• have sufficient net assets to settle in Australia
• have a commitment to maintain an ownership interest in a business in Australia and direct and continuous involvement in management of that business
• are less than 55 years old unless exceptional circumstances exist.

INVESTOR

This section contains information on who can apply for migration to Australia under the investor category (unsponsored or sponsored).

Provisional visa

To make an application for the investor (provisional) visa, investors will need to show that they:

If unsponsored

• have a successful record of business or investment management
• are willing to make a significant investment in a government approved designated investment for four years
• have significant business and personal assets
• have sufficient net assets to settle in Australia
• have no history of unacceptable business activities
• are less than 45 years old
• have vocational English.

If sponsored

• are sponsored by a State or Territory government and intend to live in that state or territory for a minimum of two years
• have a successful record of business or investment management
• are willing to make a significant investment in a government approved designated investment for four years
• have significant business and personal assets
• have sufficient net assets to settle in Australia
• have no history of unacceptable business activities
• are less than 55 years old, unless exceptional circumstances exist.

Residence visa

To make an application for the investor (residence) visa, investors will need to show that they:

If unsponsored

• hold an investor (provisional) visa
• have maintained their designated investments for the minimum four years
• have been in Australia as the holder of a qualifying visa for at least two years in the last four years.

If sponsored

• are sponsored by a State or Territory government
• hold a State/Territory sponsored investor (provisional) visa
• have maintained their designated investments for the minimum four years
• have been resident in the sponsoring State or Territory as the holder of a qualifying visa for at least two years in the last four years.

BUSINESS TALENT

High-calibre business persons may apply for direct permanent residence in the first instance. If you are successful you will be granted a permanent visa.

To make an application for the business talent visa, business people will need to show that they:

• are sponsored by a State or Territory government
• have an overall successful business career
• have significant net assets in business
• have significant business and personal assets
• have achieved a significant annual turnover in their business
• have a commitment to maintain an ownership interest in a business in Australia and direct and continuous involvement in management of that business
• have no history of unacceptable business activities
• are less than 55 years old unless exceptional circumstances exist.

ESTABLISHED BUSINESS IN AUSTRALIA

Business people who establish a business in Australia can only apply to migrate under the established business in Australia category while they are in Australia with a temporary visa other than a bridging visa or a criminal justice visa.

You will need to show that you have had at least 10% ownership in an Australian business, for at least 18 months prior to lodging your application.

To be eligible to apply to migrate to Australia under the Established Business in Australia category you will need to show that:

• you are the holder of a temporary substantive visa – that is, a visitor, student or temporary resident visa other than a special purpose, border, diplomatic, domestic worker or transit visa
• you have been in Australia for a minimum of nine months cumulatively in the 12 months before the date of application
• you have held an ownership interest of at least 10% in one or more main businesses in Australia for at least 18 months immediately before applying
• your (or your and your spouse’s) total net assets in Australia for the 12 months prior to application were greater than A$250,000
• your (or your and your spouse’s) net assets in business in Australia for the 12 months prior to application were greater than A$ 100,000
• you have been actively involved in, and directly responsible for, the day-to-day management and overall performance of your main business(es)
• you have an overall successful business career
• you have not been involved in business or investment activities considered unacceptable in Australia
• you score at least 105 points in the established business in Australia points test. The points test categories are age, language ability, business attributes and net assets.

REGIONAL ESTABLISHED BUSINESS IN AUSTRALIA (REBA)

Under the regional established business in Australia category, you need to:

• be in Australia and hold a business (long stay) 457 visa
• have had an ownership interest in a main business in a designated area of Australia for at least two years immediately before you apply (and continue to have an interest of that kind)
• be registered with a State/Territory government authority which will provide sponsorship when the application is decided.

Main business

To qualify:

• you (or you and your spouse) must own at least 10% of its value
• you must be actively involved in its day-to-day management
• it must be active, providing goods and/or services to the public and not set up primarily for speculative or passive investment purposes.

You may have up to two main businesses.

Designated areas

• These are all of Victoria, South Australia, Tasmania, Australian Capital Territory and Northern Territory
• New South Wales – entire state except Sydney, Newcastle and Wollongong
• Queensland – entire state except Brisbane, Sunshine Coast and Gold Coast
• Western Australia – entire state except Perth metropolitan region.

Criteria	REBA visa subclass 846
Total net assets in Australia	A$200,000
Net assets in business in Australia	A$75,000
Turnover	$200,000 or exports of at least A$ 100,000
Points test	105
Persons employed	Must have had at least two full-time employees or part-time pro-rata equivalent throughout a two-year period to score points.
Period of residence	Must have been in Australia as a temporary resident for at least 12 months out of the last 24 months immediately before applying.
Ownership interest	Must have held an ownership interest of at least 10% in one or more established main businesses in a designated area in Australia for at least two years immediately before applying, and continue to have an interest of that kind.

OBLIGATIONS AFTER ARRIVAL AND POINTS SELF-TESTS

Please note that any points described in this outline are relevant on the date of publication. For up-to-date information on the points contact your nearest Australian Consulate or Mission.

Business owner

You must notify an Australian State or Territory Government business development agency of your intention to engage in business in Australia and score at least 105 points in the business owners points test.

All applicants for a business skills visa have to meet specific obligations after their arrival in Australia and must sign a declaration stating that they will adhere to these standards. In signing this form they acknowledge that if they do not make genuine efforts to participate in business within three years of the visa being granted (whether the visa was issued in or out of Australia) then DIMA have the right to cancel that visa and the visas of their family.

The obligations for a business owner are that they will:

• obtain a substantial ownership interest in an eligible business in Australia – this business may be new or existing as long as it does one or more of the following:
  • creates international market links, maintains or increases employment in Australia
  • exports Australian made goods or services or produces goods that would otherwise be imported
  • improves or introduces new technology to Australia and improves commercial activity and competitiveness within sectors of the Australian economy.
• keep DIMA informed of their current address for three years
• participate in DIMA’S monitoring surveys.

Applications can be made for this category from either outside or inside Australia.

Business owner self-test

Age at the time of application	Points
20–29	20
30–44	30
45–49	25
50–54	10
Under 20	0
Over 55	0
Language ability at decision:
Better than functional English	30
Functional English	20
Bilingual in non-English languages	10
Limited English	10
No English	0
Turnover
If your main business(es) had an annual turnover, in the last of the 4 fiscal years before your application, of:
A$5,000,000 +	60
A$3,000,000 +	55
A$ 1,500,000 +	50
AS750,000 +	40
A$500,000 +	35
Less than A$500,000	0
Labour costs
If your main business(es) had annual costs, in two of the last four fiscal years before your application, of:
Minimum A$500,000	10
Minimum A$250,000	5
Less than A$250,000	0
Total assets
If your main business(es) had total assets, in two of the last four fiscal years before your application, of:
Minimum A$ 1,500,000	10
Minimum A$750,000	5
Less than A$750,000	0
Net assets at decision
If your (or your spouse’s) net assets, available for transfer to Australia within two years are:
Minimum A$2,500,000	15
Minimum A$l,500,000	10
Minimum A$500,000	5
Less than A$500,000	0
Sponsorship
If you are sponsored by an authorised Australian State/Territory development agency	15

Senior executive category

You must show that you intend to engage in business as a substantial owner in an Australian company and have notified an Australian State/Territory government business agency (note that an approved form 927 from an above named agency must be submitted with your application and that you must also complete form 1137 a business skills profile). You must score at least 105 points on the senior executive category points test.

All applicants for a business skills visa have to meet specific obligations after their arrival in Australia and must sign a declaration stating that they will adhere to these standards. In signing this form they acknowledge that if they do not make genuine efforts to participate in business within three years of the visa being granted (whether the visa was issued in or out of Australia) then DIMA have the right to cancel that visa and the visas of their family.

The obligations for a senior executive are that they will:

• obtain a substantial ownership interest in an eligible business in Australia this business maybe new or existing as long as it does one or more of the following:
  • creates international market links maintains or increases employment in Australia
  • exports Australian made goods or services or produces goods that would otherwise be imported
  • improves or introduces new technology to Australia and improves commercial activity and competitiveness within sectors of the Australian economy.
• keep DIMA informed of their current address for three years
• participate in DIMA’s monitoring surveys.

Applications can be made for this category from either outside or inside Australia.

Senior executive self-test

Age at the time of application	Points
20–29	20
30–4	30
45–49	25
50–54	10
Under 20	0
Over 55	0
Language ability at decision
Better than functional English	30
Functional English	20
Bilingual in non-English languages	10
Limited English	10
No English	0
Business attributes
If the major business which has employed you has had, in two of the last four fiscal years before your application, an annual turnover of:
If unsponsored A$50,000,000 +	65
If sponsored A$ 10,000,000 +	65
Net Assets
If your (or your spouse’s) net assets, available for transfer to Australia within two years, are:
Minimum A$2,500,000	15
Minimum A$ 1,500,000	10
Minimum A$500,000	5
Less than A$500,000	0

Established business in Australia category

You must score 105 points in the established business in Australia category points test.

All applicants for a business skills visa have to meet specific obligations after their arrival in Australia and must sign a declaration stating that they will adhere to these standards.

The obligations of owners of an established business in Australia are that they will:

• intend to maintain their ownership interest in an eligible business in Australia
• keep DIMA informed of their current address for three years
• participate in DIMA’s monitoring surveys.

Applications can only be made for this category from inside Australia.

Established business in Australia self-test

Age at the time of application	Points
20–29	20
30–44	30
45–49	25
50–54	10
Under 20	0
Over 55	0
Language ability at decision
Better than functional English	30
Functional English	20
Bilingual in non-English languages	10
Limited English	10
No English	0
Business attributes
If for one year prior to application your main business(es): employed three full time (or equivalent) Australian permanent residents (who are non family members), and had a minimum annual turnover of A$200,000 or had exports of minimum A$ 100,000 a year.	60
Net assets
If your (or your spouse's) net assets, available for transfer to Australia within two years are:
Minimum A$2,500,000	15
Minimum A$ 1,500,000	10
Minimum A$500,000	5
Less than A$500,000	0

Regional established business in Australia category

You must score a minimum of 105 points in the established regional business in Australia points test and complete a business skills profile form 1138.

All applicants for a business skills visa have to meet specific obligations after their arrival in Australia and must sign a declaration stating that they will adhere to these standards.

The obligations of owners of a regional established business in Australia are that they will:

• intend to maintain their ownership interest in an eligible business in Australia
• keep DIMA informed of their current address for three years
• participate in DIMA's monitoring surveys.

Applications can only be made for this category from inside Australia.

Regional established business self-test

Age at the time of application	Points
20–29	20
30–44	30
45–49	25
50–54	10
Under 20	0
Over 55	0
Language ability at decision
Better than functional English	30
Functional English	20
Bilingual in non-English languages	10
Limited English	10
No English	0
Business attributes
If for the two years prior to application your main business(es) employed: three full time (or equivalent) Australian permanent residents, citizens or eligible New Zealand citizens (who are not family members) at least two full time (or equivalent)	60
Australian permanent residents, citizens or eligible New Zealand citizens (who are not family members)	40
Net assets
If your (or your spouse’s) net assets, available for transfer to Australia within two years are
Minimum A$2,500,000	15
Minimum A$ 1,500,000	10
Minimum A$500,000	5
Less than A$500,000	0
Sponsorship
If you are sponsored by a State or Territory government business agency	15

Investor category

You must complete a business skills profile form 1139 and score a minimum of 105 points in the investor points test.

All applicants for a business skills visa have to meet specific obligations after their arrival in Australia and must sign a declaration stating that they will adhere to these standards.

The obligations for owners of a regional established business in Australia are that they will:

• intend to maintain their investment or business activities in Australia after the three-year term of their investment expires
• keep DIMA informed of their current address for three years
• participate in DIMA’s monitoring surveys
• have their visa cancelled if they withdraw the designated investment before the three-year period is completed.

Applications can be made for this category from either outside or inside Australia.

Investor self-test

Age at the time of application	Points
20–29	20
30–44	30
45–19	25
50–54	10
Under 20	0
Over 55	0
Language ability at decision
Better than functional English	30
Functional English	0
Bilingual in non-English languages	10
Limited English	10
No English	0
Business (investment) attributes
If you have deposited, for a minimum three year term, a designated investment of:
Minimum A$2,000,000	80
Minimum A$ 1,500,000	70
Minimum A$ 1,000,000	65
Minimum A$750,000	60

COST AND CHARGES

As application charges can change without notice, it is best to check with any Australian mission or DIMA office for the latest figures. All fees and charges are normally stated in Australian dollars, so if you are applying within Australia by mail the preferred method of payment is money order, bank cheque or credit card. If you are applying within Australia in person the preferred method of payment is by debit or credit card. If you are applying outside of Australia the Mission can inform you of what payment method to use and what the cost would be in your relevant currency.

Payment is normally made in instalments. The first application charge covers you and your family – it is important to note that this charge is non-refundable regardless of the outcome of your visa.

The second instalment is for those who are assessed as not having functional English.

There is a cost for you and additional costs for any other candidates on your application. This payment covers the cost of English tuition in Australia to achieve functional English level. Please note that this second instalment must be paid in full before your visa will be granted.

As part of your application you may also be required to pay for a medical examination for each of your family members included in the assessment. Additional costs will arise within the application process so be aware that you will need to pay for these. They may include character clearances from authorities and certified translations of some documents.

DEPENDANTS

Your application may cover your family, including you and your spouse and any dependants. Your spouse is defined as the person that you live with as husband and wife either legally married or in common law as a de facto relationship. Dependent children are defined as under the age of 18 who are not married or in a de facto relationship or engaged to be married. They may be natural, adopted or a step-child. Children aged 18 or over should apply separately unless you can prove that they are substantially reliant on you for financial support and have been for some time for their basic needs of food, shelter and clothing.